MOTION FOR TERMINATING SANCTIONSCV05-8508 PSG (FMOX)
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:PLEASE TAKE NOTICE THAT
on March 12, 2012
, at 1:30 p.m., or assoon thereafter as the matter may be heard, before the Honorable Philip S.Gutierrez, United State District Court Judge, in Courtroom 880 in the Edward R.Roybal Building, 255 East Temple Street, Los Angeles, California, 90012,defendants Warner Bros. Entertainment, Inc. (“Warner Bros.”) and John Logan (the“Moving Defendants”) will and hereby do move this Court, pursuant to the Court’sinherent authority to prevent abuses of the litigation process, Federal Rule of CivilProcedure 41(b), and Local Rules 11-9 and 83-7 for an order of sanctions againstplaintiffs Aaron Benay and Matthew Benay terminating this action with prejudiceand awarding attorneys’ fees and costs to defendants.The grounds for this Motion for Terminating and Other Sanctions AgainstPlaintiffs Aaron Benay and Matthew Benay are plaintiffs or their agents’manufacture and use of fabricated documents attached to the March 29, 2011anonymous letter; plaintiffs’ representations to the Court—including at hearings onApril 4, 2011 and June 13, 2011—that the documents were authentic and thatplaintiffs were not responsible for their creation or distribution; plaintiffs’knowingly false deposition testimony; plaintiffs’ refusal to withdraw the documentsafter being put on notice that they were false; and all such other and further groundsdisclosed in the accompanying papers.In the alternative, if terminating sanctions are not entered against plaintiffs,Moving Defendants will and hereby do move this Court for an order excluding thedocuments and the anonymous letter from being used as evidence in this litigation,
March 12, 2012 is the Court’s first available hearing date. The hearing fordefendants Warner Bros. Entertainment, Inc. and John Logan’s motion forsummary judgment (Docket No. 271) is currently noticed for February 6, 2012.Because both this motion and the summary judgment motion address overlappingsubject matter, Warner Bros. Entertainment, Inc. and Mr. Logan intend to seek anorder that both motions be heard concurrently on February 6.
Case 2:05-cv-08508-PSG -FMO Document 274 Filed 12/21/11 Page 2 of 44 Page ID#:4386